Sen. Chris Lauzen
Filed: 4/11/2011
 
 


 




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1
AMENDMENT TO SENATE BILL 626




2 AMENDMENT NO. ______. Amend Senate Bill 626 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The School Code is amended by adding Section 
511E-13 and by changing Sections 17-3 and 17-5 and as follows:

6 (105 ILCS 5/11E-13 new)
7 Sec. 11E-13. One elementary school district per high school 
8district. Notwithstanding any other provision of law to the 
9contrary, beginning on the effective date of this amendatory 
10Act of the 97th General Assembly, each high school district 
11shall contain only one elementary school district, which shall 
12have identical boundaries. Within 60 days after the effective 
13date of this amendatory Act of the 97th General Assembly, on a 
14date set by the State Board of Education, a special election 
15must be held in each high school district to elect members to 
16the school board of the newly formed elementary school 
 
 
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1district, if needed. Each member of the elementary school 
2district's board shall be elected for a term of 4 years, except 
3that for the initial members of the board, 3 shall be elected 
4to serve a term that begins immediately after being elected and 
5expires upon the initial member's successor being elected at 
6the regular school election in April of 2013 and 4 shall be 
7elected to serve a term that begins immediately after being 
8elected and expires upon the initial member's successor being 
9elected at the regular school election in April of 2015.




10 (105 ILCS 5/17-3) (from Ch. 122, par. 17-3)



11 Sec. 17-3. Additional levies-Submission to voters. 
12 (a) The school board in any district having a population of 
13less than
500,000 inhabitants may, by proper resolution, cause 
14a proposition to
increase, for a limited period of not less 
15than 3 nor more than 10 years or
for an unlimited period, the

16annual tax rate for educational purposes to be submitted to
the 
17voters of such district at a regular scheduled election as

18follows:


19  (1) in districts maintaining grades 1 through 8, or 
20 grades 9 through
12, the maximum rate for educational 
21 purposes shall not exceed 3.5% of the
value as equalized or 
22 assessed by the Department of Revenue for taxes levied for 
23 2012 or prior years, not to exceed 3.2% for taxes levied 
24 for 2013, not to exceed 2.9% for taxes levied for 2014, not 
25 to exceed 2.6% for taxes levied for 2015, not to exceed 
 
 
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1 2.3% for taxes levied for 2016, and not to exceed 2.0% for 
2 taxes levied for 2017 or thereafter;


3  (2) in districts maintaining grades 1 through 12 the 
4 maximum rate
for educational purposes shall not exceed 
5 4.00% of the value as equalized or assessed by the 
6 Department of Revenue except that if a single
elementary 
7 district and a secondary district having boundaries that 
8 are
coterminous form a community
unit district
on or after 
9 the effective date of this amendatory Act of the 94th 
10 General Assembly and the actual combined rate of the 
11 elementary district and secondary district prior to the 
12 formation of the community unit district is greater than 
13 4.00%, then the maximum rate for educational
purposes
for 
14 such district shall be the following:

15   (A) For 2 years following the formation of the 
16 community unit district, the maximum rate shall equal 
17 the actual combined rate of the previous elementary 
18 district and secondary district.

19   (B) In each subsequent year, the maximum rate shall 
20 be reduced by 0.10% or reduced to 4.00%, whichever 
21 reduction is less. The school board may, by proper 
22 resolution, cause a proposition to increase the 
23 reduced rate, not to exceed the maximum rate in clause 
24 (A), to be submitted to the voters of the district at a 
25 regular scheduled election as provided under this 
26 Section. Nothing in this Section shall require that the 
 
 
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1 maximum rate for educational purpose for a district 
2 maintaining grades one through 12 be reduced below 
3 4.00%.

4 If the resolution of the school board seeks to increase the 
5annual tax rate
for educational purposes for a limited period 
6of not less than 3 nor more than
10 years, the proposition 
7shall
so state and shall identify the years for which the tax 
8increase is sought.

9 If
a majority of the votes cast on the proposition is in 
10favor
thereof at an election for which the election authorities 
11have given notice
either (i) in accordance with Section 12-5 of 
12the Election Code or (ii) by
publication of a true and legible 
13copy of the specimen ballot label containing
the proposition in 
14the form in which it appeared or will appear on the official

15ballot label on the day of the election at least 5 days before 
16the day of the
election in at least one newspaper published in 
17and having a general
circulation in the district, the school 
18board may thereafter, until such
authority is
revoked in like 
19manner, levy annually the tax so authorized; provided that if

20the proposition as approved limits the increase in the annual 
21tax rate of the
district for educational purposes to a period 
22of not less than 3 nor more than
10 years, the district may,

23unless such authority is sooner revoked in like manner, levy 
24annually the tax
so authorized for the limited number of years 
25approved by a majority of the
votes cast on
the proposition. 
26Upon expiration of that limited period, the rate at which the

 
 
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1district may annually levy
its tax for educational purposes 
2shall be the rate provided under Section 17-2,
or the rate at 
3which the district last levied its tax for educational purposes

4prior to approval of the proposition authorizing the levy of 
5that tax at an
increased rate, whichever is greater.

6 The school board shall certify the proposition to the 
7proper election
authorities
in accordance with the general 
8election law.

9 The provisions of this Section concerning notice of the tax 
10rate increase
referendum apply only to consolidated primary 
11elections held prior to January
1, 2002 at which not less than

1255% of the voters voting on the tax rate increase proposition 
13voted in favor
of the
tax rate increase proposition.

14 (b) Beginning on the effective date of this amendatory Act 
15of the 97th General Assembly, no elementary or high school 
16district established pursuant to Section 11E-13 of this Code 
17may levy taxes for educational purposes at a rate greater than 
182.0% of the value as equalized or assessed by the Department of 
19Revenue. 
20(Source: P.A. 94-52, eff. 6-17-05.)





21 (105 ILCS 5/17-5) (from Ch. 122, par. 17-5)



22 Sec. 17-5. Increase tax rates for operations and 
23maintenance purposes-
Maximum. 
24 (a) The school board in any district having a population of 
25less than
500,000 inhabitants may, by proper resolution, cause 
 
 
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1a proposition to
increase the annual tax rate for operations 
2and maintenance purposes to be
submitted to the voters of the 
3district at a regular scheduled election.
The board shall 
4certify the proposition to the proper election authority
for 
5submission to the elector in accordance with the general 
6election law.
In districts maintaining grades 1 through 8,
or 
7grades 9 through 12, the maximum rate for operations and

8maintenance purposes shall not exceed .55% for taxes levied for 
92012 or prior years, not to exceed 0.475% for taxes levied for 
102013, not to exceed 0.45% for taxes levied for 2014, not to 
11exceed 0.425% for taxes levied for 2015, not to exceed 0.40% 
12for taxes levied for 2016, and not to exceed 0.375% for taxes 
13levied for 2017 or thereafter; and in districts maintaining

14grades 1 through 12, the maximum rates for operations and

15maintenance purposes shall not exceed .75%, except that if a 
16single elementary
district and a secondary district having 
17boundaries that are coterminous
on the effective date of this 
18amendatory Act form a community unit district
as authorized 
19under Section 11-6, the maximum rate for operation
and 
20maintenance purposes for such district shall not exceed 1.10% 
21of the
value as equalized or assessed by the Department of 
22Revenue; and in such
district maintaining grades 1 through 12, 
23funds may, subject to the
provisions of Section 17-5.1 
24accumulate to not more than 5% of the
equalized assessed 
25valuation of the district. No such accumulation shall
ever be 
26transferred or used for any other purpose. If a majority of the

 
 
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1votes cast on the proposition is in favor thereof, the school 
2board may
thereafter, until such authority is revoked in like 
3manner, levy annually a
tax as authorized.

4 (b) Beginning on the effective date of this amendatory Act 
5of the 97th General Assembly, no elementary or high school 
6district established pursuant to Section 11E-13 of this Code 
7may levy taxes for operations and maintenance purposes at a 
8rate greater than 0.375% of the value as equalized or assessed 
9by the Department of Revenue. 
10(Source: P.A. 86-1334.)



11 Section 99. Effective date. This Act takes effect June 30, 
122011.".